Legal Obligations Stemming from Registration

Annual updating

Registered enterprises have the obligation to file an annual updating declaration every year during the prescribed period, even if they have no changes to make to the information in the register. This obligation enters into effect the year after the year the enterprise first registers. Under the Act respecting the legal publicity of enterprises, declarations that are filed after the prescribed period must be accompanied by the prescribed penalties.

Sole proprietorships and legal persons registered in the enterprise register and subject to the Taxation Act may file their annual updating declaration and their income tax return in a single operation. If the information contained in the enterprise register is correct, it is simply a matter of checking the appropriate box on line 436 of the personal income tax return or line 39 of the Déclaration de revenus des sociétés (form CO-17). Enterprises that opt for this method are eligible for joint filing.

If the information in the enterprise register must be changed, you must use the Produire une déclaration de mise à jour annuelle online service, which is available under Gestion de l'entreprise in My Office. You may also use this online service to transmit your annual updating declaration even if there are no changes to declare.

So that the income tax return and the annual updating declaration can be filed together, Revenu Québec communicates to the Registraire des entreprises certain fiscal information necessary to carry out its functions under the Act respecting the legal publicity of enterprises. The communication of information and its protection is governed by an agreement entered into by Revenu Québec and the Minister of Employment and Social Solidarity.

Enterprises not eligible for joint filing must continue to file their annual updating declaration with the Registraire des entreprises, using its online services or forms.

Period for filing the annual updating declaration for enterprises that are not eligible for joint filing

January 1 to June 15

May 15 to November 15

May 15 to March 31

Sole proprietorships

Partnerships

Associations or other groups of persons

Legal persons

Mutual insurance associations

Mutual benefit associations

Trust companies

Savings companies

Trusts operating a commercial enterprise

Note

All legal persons constituted in Québec are exempt from filing an updating declaration and from paying the annual registration fee for any year following a declaration filed in the register indicating its bankruptcy in which it only carries out activities related to its liquidation.

A trustee in bankruptcy must file a declaration of cancellation after being discharged by the court on completion of the administration of the legal person’s estate.

Current updating

If an annual updating declaration has already been filed and an enterprise’s information changes during the year, the enterprise must file a current updating declaration within 30 days following any change. To do so, enterprises can use the Produire une déclaration de mise à jour courante online service, which is available under Gestion de l'entreprise in My Office.

Note

Any registered enterprise (or its administrator of the property of others) that becomes bankrupt within the meaning of the Bankruptcy and Insolvency Act must file a current updating declaration to this effect without delay.

This service is easy, fast and free of charge.

Correcting information in the enterprise register

Where an enterprise notices that a declaration deposited in the enterprise register is incomplete or inaccurate, it must access My Office and, depending on the nature of the error, file a corrective updating declaration or a request for administrative recourse.

Note

Most of the information declared by an enterprise is opposable. It is deemed to be accurate as of the date it is entered in the information statement, until proof to the contrary is provided.